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About Oregon City enterprise. (Oregon City, Or.) 1891-194? | View Entire Issue (Oct. 9, 1903)
vouimic :w. NO. 1fl.
OREQON CITY KNTERI'KISKp FRIDAY, OCTOBER 9, 1003.
JJOIJKUT A. MILLER
ATTOKNI'.Y AT LAW
im.rntieHi.M.i uwki oniceifi rr rrf nr TT IV
Vlll tuaeticc In all Courts of the Stale jVJ A - 4
Kimm , Weiiihurd Illdg.
Opp. Court House, On-gVu City, Orrgon
ATTORNEY AT I.AW
TA Tor raoraiur rrsHHtiaii.
Office uex' 10 Oregon City Kiib'nri'
1 K. C. IlKOWNKI.l.,
ATTORNEY AT LAW
Oregon City. - - ,r,,II""
Will practice In nil the cimrU of Hi lU.
Olllce In Caiillelil building.
Attiihnky at Law.
JuhIicm ol the Peace.
Jagger Illdg., Oregon CHy
ATTORNEY AT I.AW,
RlliO CITT. "
Will practice I" allihe Cotiru ef Hie alaU. 01-
See. 111 l...llfloM l.uiiillua-
Q U . D O LATOL'KKTU
ATTOKN KYS AND
COUNSELORS AT I.AW
MA gTHKKT OKKCIO CITY, OKKOON.
funil.h AtMilr.mi ofTUIe.Loan Money, Fore
go.. M..riM. '''cl "",e"11
Of OKKHON CITY.
. . . 1100,000
.,.,! emiat.iiiaiiiasrsiisii. ,
l!n.. m"l. Hlll.dl.count.d.
U lhe Knlte-l States, lump. iJ H..! W.
UetH-ll. r.rel'ed 10 choc B,uk
pit Irum ." to4 r.
()t W. EARTHAM
AITOHNKY AT LAW
Land Till" Examined. ANtrrt Mf l.
ICl.. Murine. l'rn. ilon.y U"ed
orru t ov
Dank of (rrgon Clly.
U'UEN A SCHUEHEL
Attorneys at Law.
...... 1,, . in il cniiriii. make cullectloin
KurnMi l.i.lr. l ( titl. I"-"'1 "" """"y
lid leml your inoni-y on llmt inorgt!.
Office In Entorpriso Building,
On-Kiin l ily, Oreiioll.
Near Huntley's Drujj Store,
FORTY YEARS EXPERIENCE IN
Ureat Rritain and America.
Carl A. I'aUlafl'
Chan. M. Moehnko
LU M B E Rf
00 o 00 o co:
Do not lie di-erived lv tlx vlio ad
vTtlne a $M.MI HewliiK Machine for
tJO.00. This kind of a machine en
be lMHi)?ht from us or any of our
dealer from fl.l.OO to 18.00.
WI MAKC A VASIfTY.
THE NEW HOME IS THE BEST.
The I'rd detennlnea tho strength or
wi'iikiic of Bt-wliiK Machines. The
oublo l'eiMleoniMnl w ith other
strong xlnts niakitt the ow Homo
the Utt Hewing Machine to buy.
we muiiufiu-tureanil jirlftn In-fore pun-luinnm
THE NEW HOME SEWIN6 MACHINE GO.
ffl Union Hq. N. Y., I'lilimco, III., Atliintu, (la.,
HL LouU,Mo., DiiIln,T. x.,Hiin Kniiirlc, Cul
ro" aai-t by
C. 8. CRANE, 350 Morrison Street,
OO CO coco cocoo occo coco
o . o
0 ' g
W .... HDL if fir w
Tlio only first-clurts Second-Hand Dealer in Furniture
Htoven and Utensils. It is worth your time to come
and exaiuino thu stock. You will find a full line
of New and Second-Hand Furniture, StoveH, Crockery
IIIliuHt vhhIi iricB pniil for iw iiiiil lioml K""'".
8 I. Tolpolar
Ono Door North of Commerlcal Bank
OOCOO COCO CO
WM. GARDNER & SON
O AND O
All work given our prompt Court House Block
and careful attention. , . .
Prices Reasonable . ORECON CITY, ORE.
BUCKLEIN & KLEINSHMIDT. Proprietors.
(Jenurl Machine Work of all klndi) dun. We carry in stock a line of Shafting
and I'ulleya n and second hand. Firat class Engine and Saw mill machinery.
Orders hy Mail or Teli'lione promptly filled.
At rear of I'ope'i Hardware Store. Oregon City, Oregon.
Oregon Washington State Fair Victories
ON BARRED PLYMOUTH ROCKS
Or-t?Mi Male fair UM)2
J-a-3 on Cock llinls, 6 in Competition
1st on Hen, 10 in Competition
I-J 3 on 1-ullets. . . .40 in Competition
and on. . .Cockerel 21 in Competition
1st on pen, 11 in Competition
1st in American Class
Iliiv, won Jut mi iilllt th l't 3
y..r. Htix-k for aitlo, -gK l Hmll.
J. MURROW & SON.
Fok Fixe Candies, Nuts,
Fkuits, Etc., Call On the'
KOZY KANDY KITCHEN t
Brunswick House & Restaurant j
Newly Furnished Rooms.
Meals at All Hours. Prices Reasonable.
Opposite Suspension Bridge.
Only First Class Restaurant
f T T ivt o
COOO CO ccooo
Wiishlnsloii Slate Fair 1902
We only sent 3 pullets, I hen and I
Cock and won on every entry but one
besides specials, including best pen in
the show. Prizes won 1st Cock, 1st
ilea: 1st and and Pullet; 1st pen.
Kxhlbltltm Stock ipuclalty Some
irrHiiil piillnta for title. Eggt 3.00
Oregon City. Oregon-
Finest Chocolate Creams
in the City. Also Cigars
SB, WHIMS' BDUV PILE MI & 'bK
log lulling fll-. It absorbs tlie tumor, allays the
luuing at once, Klves Instant relief. Krery box Is warranted. Sold
by druitglstx. Sent bv uiH nn receipt of price. M cent and 11. U0
per box. WILLIAMS MFQ. CO., Prop., CleTeland, Ohio.
For Pale at HUNTLEY'S
SAY IT'S ILLEGAL
Validity r Initiative and Kef
Portlaud Attorney Will Appear lie.
fore Muprerne Court In Ouposl.
linn to Meaiure.
The briuf of City Attorney L. A. Mo-
Nary to tlin tupreine court in the suit of
A. A. Kadderly et al. aiiainut the city of
l'ortlaml, in which the four judges ol (he
mate circuit court held the initiative and
referendum amendment to the coniititu-
tiun unconstitutional has been prepared,
and will be filed at once, says the Ore
gunian. It is contended in the brief, as held by
the lower court; that other amendments
were pending at the time the amend
ments were proponed, contrary to the
lollowing section of the constitution.
"If two or more amendments shall be
submitted In euch manner that the elec
tors shall vote for or against each of such
amendment separately, and while an
amendment or amendments which shall
have been agreed upon hy one legisla
tive BHHembly shall be awaiting the ac
tion of a legislative assembly, or of the
electors,' no additional amendment or
amendments shall be proposed."
1 lie brief assumes that the amendment
is unconstitutional for the reason that it
was ratified in violation of the Federal
Constitution, and not in accord with
fixed provisions for submitting and rati
1 lie brief states, referring to constitu
"Constitutional provisions relating to
amendments are as binding upon the
people as upon the legislative assembly,
and the people cannot, even by a unani
mous vole, give legal effect to an amend
ment which was submitted in disregard
of the limitations proosed by the con
stitution. "It matters not if not only every elec
tor, but every adult person in the state
should desire and vote for an amend
ment to the constitution, it cannot be
recognized as valid unless such vote was
had in pursuance of, and in substantial
accordance with the requirements of the
"It follows that the conditions pre
scribed in the Constitution of Oregon for
its own amendment, must be strictly ob
served in all substantial requirements,
both by the legislative assemblies that
propose, girree to and submit the amend
tuent, and by the electors who ratify it.
and the failure of either the one or the
other to comply with those requirements
renders the proposed amendment uncon
The brief is long, and discusses the
question very fully. It includes the de
cision against the initiative and referen
dam amendment rendered by Judges
Sears, Cleland, George and Fraier, and
closes with the following statements:
"From whatever point we view this
amendment it is uprepublican and revo
lutionary, and violates the limitations
imposed by the federal Constitution.
That government is not representative 01
republican where the action of its de
partments is subject to annulment by
the people, and particularly where the
people can exercise the delegated func
tions upon their own initiative and ab
solutely independent of the department.
"Such a government is an absolute or
pure democracy. This amendmeut is
obnoxious to the spirit of our republican
institutions, directly opposed to the ge
nius of republican government. Nor is
it redeemed from the vice of unconstitu
tionality by reserving a few shreds of
authority to the legislative assembly.
The legislative department is shorn of its
constitutional functions by it. If the
amendment is declared valid by this
court, similar amendments can be adopt
ed which will destroy the representative
character of the other departments.
'The decisions of this court can be
made subject to review by the people at
the polls. The acts of the executive de
partment can he made subject to tue
vote of the people. This amendment in
vades the functions of the executive de
partment. It places the people above
the executive department. If it is per
mitted to stand we will have a republi
can federal government and a pure dem
ocratic ttate government, an incongruity
which was never Intended by the Irani-
era of the Federal Constitution or by the
people who adopted it. W e conclude,
therefore, that the amendment was rati.
bed in violation of the provisions of the
provisions of the federal Constitution.
If it violates that instrument, it is not a
part of the State Constitution, and it is
the duty of this court to so declare.
"lhe political department ol tue fed
eral Government does not intervene in
the case of an unconstitutional amend
ment, and that department could not
eithet by declaration or acquiescence
legalize'un amendment which was rati
fied in violation of the terms of the Fed
eral Constitution. Questions of constitu
tionality are judicial, not political. The
Constitution of the United States does
not vest Congress with any power to de
termine the constitutionality of amend
ments to State Constitutions, and unless
this power is especially delegated to Con
gress it resides in the judicial depart
ments of the State and National Govern
ments." TAKES TO SITKEME COURT.
Salt Inrolving the Legality or Sew
Assessment Law Appealed.
District Attorney Manning and Judge
Charles H. Carey have filed their appeal
to the supreme court in the case of Ma
ria L. Flanders against Multnomah
county to enjoin the county officers in
assessing, equalizing, levying and col
lecting taxes under the provisions of the
statute amended by an act of the last
legislature, to take effect after January 1,
In the appeal it is asserted that the
court must decide whether the act of
1903 supersedes the previous law Jan
nuary 1, 1904, or whether it is the inten
tion that the; new system shall then be
set in motion.
They argue that the new act simply
revises the old law by shifting the dates,
and that, with this exception, the pro
visions of the old and new acta are al
most identical. Instead of a repeal the
new act n simply a revision, making the
date of assessment January I, Instead of
March 1, and the ievy and arortion
ment by the county court at the Septem
ber instead of the January term.
Attention is called to the fact that the
act is to provide a more efficient method
tor the assessment and collection of
taxes, and does not indicate an inten
tion to prohibit the making and equaliz
ing of assessments during the year 1!MXS,
nor to prohibit the counties from paving
their deputies during the year, but rather
tbat the purpose is to facilitate the as
sessment and collection. Oregooian.
MAIUJI'AM FAIR WAS A SUCCESS
Farmers Made Creditable Display.
Talk of County Fair.
The Seventeenth annual meeting of
the Marquam District Fair Association,
which was concluded Saturday, was a
great success financially.
this institution has been maintained
by the progressive people of the south
end of the county, without the aid of a
state appropriation, for seventeen years.
Agricultural products, fancy work ami
live stock constitute the main exhibits
which have increased both in number
and quality each succeeding year. No
races are con Jucted in connection with
the fair which is self-sustaining from the
gate receipts and entrance fees charged
for lhe exhibits.
The aggregate of prizes this year wan
300. Fully I'OOO people were on the
grounds for the concluding day, Satur
day. There is a growing sentiment in Clack
amas countv for the organization of a
county fair. The plan under considera
tion contemplates the forming of a stock
corporation for the annual exposition of
the countv s resources at some central
and convenient point. It is possible
tbat the Marquam Association will be
absorbed in the company that expects to
TEAtHEKS ARE VERY SCARCE.
Some Clackamas County Districts Are
"Wanted Several teachers. Apply
at once to County Superintendent Zinser
at the court house." Such is the sub
ject of an unusual classified advertise
ment given the local papers today by
County Superintendent Zinser.
Its purpose is to supply a big deficit
in the number ot instructors In the pub
lie schools of Clackamas county. Never
before, reports Superintendent Zinser,
were teachers as scarce in this locality
as they are this year.
Several causes contribute to this scarc
ity. In the first place the average wages
paid teachers in this county are lower
than any other in the state. As a con
sequence the great majority of peda
gogues seek employment in other coun
ties, where wages are better, while many
others have gone away to school or are
engaging in other business. With this
combination of causes, some districts in
this county tyid il practically impossible
to supply their schools and have applied
to Superintendent Zinser for assistance.
The majority of the reported vacancies
exist in the rural districts, which are
able to pay salaries ranging only from
33 to 40 per month. Because of their
limited school tund, these districts can
not pay better wages.
TAXES ARE X0W DELLNQLEST.
Clackamas County 1902 Roll Is Practi
Unpaid taxes on the 1902 roll for
Clackamas countv became delinquent at
6 o'clock on Monday evening.
On a roll aggregating 177,000, Sheriff
Shaver has collected approximately
$103,000, leaving delinquent less than
110,000. Delinquent taxpayers will now
be obliged to pay 10 per cent penalty
and 12 per cent per annum interest in
liquidating with the county.
A great majority of the taxpayers of
this county took advantage of the new
tax law which gives the property own
er the privilege of paying his taxes in
two installments. The principal heavy
property owners paid their assessments
within the prescribed time and received
the rebate, which in this county aggre
It is the opinion of the Clackamas
county officers that this feature of the
tax law should be repealed since it is an
advantage only to the man of wealth,
who is in a position to pay his taxes at
any season of the vear.
PROLIFIC CROP OF iiLRRIES.
R. K. Hnrtncll, or Clackamas, Real
izes $900 From Two Acres.
Clackamas county against the world !
R. K. Uartnell, a farmer residing near
Clackamas, this county, is now supply
ing the Portland market with fresh, ripe
strawberries. The fruit is of average
size, plump, fullv matured and delicious.
The variety was not learned, bat it is de
r rom two acres ol ground Air. liartnell
has already marketed this summer $S50
worth of berries. He is still picking
perries from the same field and expects
to harvest at least 150 boxes more before
the season closes.
Mr, Uartnell has been marketing ber
ries from this field since the strawberry
season opened last June, and he now has
in his field berries in all stages of growth
from the bloom to the matured fruit.
Makes m Clean Sweep.
There's nothing like doing a thing
thoroughly. Of all (be salves you ever
beard of, Bucklen's. Arnica Salve is the
best. It sweeps away and cures burns,
sores, braises, cuts, boils, ulcers, skin
eruptions and piles. It's only 25c, and
guaranteed to give satisfaction by
Cbarman & Co., druggisU.
FAV0U OF VETEKAN
Certificate of Claim Must lie Is
sued by Secretary of State.
Even If the State Appropriation la
Exhausted Case Will lie
Judge Sears this week decided that
Secretary of State Dunhar m,,.t ;.. .
certificate providing for the payment of
cimiu ut it . a. nnvd, a veteran of
Indian wars of lT,fiiKSfl .
- J- 1 1 MllJUTJUblllK
$125.50. notwithstanding 11,. .nn,
priation of $100,000 made by the last
legislature to liquidate such claims is
Bovd'a claim was ninmil nrl .1.
- - " niiu al
lowed bV the Bdllltlint-tfunaral hA
the law appoints as the supervising offi
cer, and was rejected by the secretary of
state upon presentation, on the ground
that the fund of $100,000 had all been
paid out. It appears that the claims
oresented airiri.itci1 nv 11m nnn . 1
there is, therefore, a shortage of $36,000.
dou. represented Dy J. C. Moreland,
filed a mandamus euit against Secretary
of State Dunbar to rnmiwl tin. ian,.n,
oft he warrant, and the secretary of state
uieu u uwer trial Hie aDDroDriat on
as exhausted. J nd ' TO fnrulonil amnail
that the fact that tho fund . .,nr.
did not authorize the rejection of claims
by Secretary of State Dunbar, which
were approved oy me adjutant-ge- eral.
In deciding the nun ti,a nn,i h.1,1
that the mere fact that the appropriation
had become erhmiAt.,1 di.f nn h... ti.o
effect of putting an end to the force of
tne act providing for the payment of te
of which the act was originally presented
10 vne piaie legislature and passed.
Judge Sears further based his conclu
sion on the provision of a statute passed
uj tue legislature in 1901, wherein it
specified that where a claim is presented
in pursuance of the authority of law it
shall be audited, and, if allowed, a cer
tificate shall be issued as evideace of
tbat fact. In sustaining the demurrer to
the answer, the court specified that the
writ of mandamus should issue in so far
as it required the secretary of state to
issue a Cflrtifii-tA itdJ i tho
claim presented, and this will cause the
wrewrj ot state to certify that J. K.
Boyd holds a claim against the state of
$125.50 for services rendered while ho
was engaged in fighting Indians.
This ends the matter in the lower
court, but an appeal may be taken to the
supreme court by Attorney-General
Crawford, because, while tbo Boyd claim
is small, the total sum involved is $30,000
and the present is only a test case.
FOR CUSTODY OF A CHILD.
Sarah Code, Former Wire ef Charles
Wilklns, Wants Decree Opened Up.
Mrs. Sarah Code, "the divorced wife of
Chas. Wilkins, filed an affidavit Monday
in the Clackamas county circuit court
asking that the decree of the court by
which Wilkins secured from her a di
vorce, be opened up in order that she
may make the necessary showing to
gain the custody of one of the minor
children. In her affidavit, the woman
sets forth tbat she was married to Wil
kins at Salem in August, 1892; that in
1901 Wilkins brought suit for divorce
and represented and agreed to ber that
in case she did not appear and answer
the complaint, allowing the plaintiff to
secure a divorce without a contest, tbat
she would be allowed the care and cus
tody of Lewis Wilkins, the youngerchild.
aged 5 years. Mrs. Code claims that she
subscribed to the agreement and fulfilled
her part of the contract, but alleges
that Wilkins took the child from its
home in Salem and placed it with a
family of strangers residing near Dallas;
tbat Wilkins violated his agreement with,
her and bad the court make and enter a
decree giving to him the custody of the
two children; that Wilkins works as a
deckhand on a river steamer and is not
in a position to look after the welfare of
the said child. The woman, who is rep
resented by G. B. Dimick, of this city,
asks that the court make an order direct
ing the said Wilkins to produce Lewis
Wilkins in court and show cause why
the child should not be awarded to its
mother according to the alleged agree
ment between the parties.
R. L. Holmin, leading undertaker
Oregon City, Oregon. March 27-tf
New Obbgon City Pastor. In the as
signment of ministers by the General
rMethojst Conference at Salem this
week, Rev. W. S. Grim, pastor of the
local church, was transferred to the As
toria congregation, while Rev. J. Henry
Wood succeeds Rev. Grimm in the pas
torate of the Oregon City church.
THERE IS HQ SUBSTITUTE